Karnataka High Court
Sri Ramakrishna vs The Managing Director on 24 June, 2025
Author: H.T. Narendra Prasad
Bench: H.T. Narendra Prasad
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WP No. 15170 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF JUNE, 2025
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
WRIT PETITION NO. 15170 OF 2024 (S-RES)
BETWEEN:
SRI RAMAKRISHNA
S/O VEERAMASTHI GOWDA
AGED ABOUT 61 YEARS
RETIRED JUNIOR ENGINEER (ELEC.)
O/O THE EXECUTIVE ENGINEER (ELEC.)
KARNATAKA POWER TRANSMISSION
CORPORATION LIMITED TL AND SS
S.R.S PEENYA DIVISION
BANGALORE 560058
RESIDING AT NO.1 2ND B MAIN
SRIGANDANAGAR NEAR KTM COLLEGE
HEGANAHALLI CROSS SUNKADAKATTE
BANGALORE-560091.
...PETITIONER
(BY SRI. DEVARAJ N., ADVOCATE)
Digitally signed by
HEMALATHA A AND:
Location: HIGH
COURTOF
KARNATAKA 1. THE MANAGING DIRECTOR
KARNATAKA POWER TRANSMISSION
CORPORATION LTD.,
CAUVERI BHAVAN
BANGALORE 560009.
2. THE GENERAL MANAGER/DIRECTOR (ADMIN AND HRD)
KARNATAKA POWER TRANSMISSION
CORPORATION LTD.,
CAUVERI BHAVAN
BANGALORE 560009.
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WP No. 15170 of 2024
HC-KAR
3. THE EXECUTIVE ENGINEER (ELEC)
KARNATAKA POWER TRANSMISSION
CORPORATION LTD., TL AND SS
SRS PEENYA DIVISION
BANGALORE 560058.
...RESPONDENTS
(BY SRI. SHIRISH KRISHNA., ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE IMPUGNED ORDER BEARING NO. KA.NI.HIM(V).T.L
AND S.S/DIVISION PEENYA/LE/SA.LE/KA-6/3947 DATED
07/11/2023 MARKED AT ANNEXURE-B AND ORDER BEARING
NO. KA.NI.HIM(V)/T.L AND S.S./DIVISION PEENYA/LE/SA.LE
/KA-6/4199 DATED 21/11/2023 MARKED AT ANNEXURE-C
ISSUED BY THE R3 AS THE SAME IS ILLEGAL, UNJUST,
ARBITRARY, MALAFIDE, UNREASONABLE AND GROSSLY
VIOLATIVE OF PRINCIPLES OF NATURAL JUSTICE AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
ORAL ORDER
This writ petition is filed under Articles 226 & 227 of
the Constitution of India, seeking the following reliefs:
"(a) Issue a writ of certiorari or any other
appropriate writ, order or direction, quashing the
impugned order bearing No.Ka.Ni.Him(V)T.L & S.S./
Division Peenya/Le/Sa.Le/Ka-6/3947 dated
07.11.2023 marked at Annexure-B and order
bearing No.Ka.Ni.Him(V)/T.L & S.S/Division
Peenya/Le/Sa.Le/Ka-6/4199 dated 23.11.2023
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marked at Annexure-C issued by the 3rd respondent
as the same is illegal, unjust, arbitrary, malafide,
unreasonable and grossly violative of principles of
natural justice.
(b) Issue a writ of mandamus or any other
appropriate writ, order or direction, directing the
respondents to pay Rs.4,06,553/- along with 18%
interest p.a. to meet the ends of justice."
2. The brief facts of the case are that, the petitioner
was appointed as an Assistant Lineman in the respondent
- Establishment. While he was working, he was promoted
as a Lineman in the year 2006 and further promoted as a
Meter Reader on 22.02.2010. Thereafter, he was further
promoted as a Junior Engineer in the year 2020. When he
was working as a Junior Engineer, he attained the age of
superannuation with effect from 30.04.2023. After seven
months from the date of retirement, the pay of the
petitioner has been re-fixed on the ground that the
increment granted to him from April 2010 to April 2023
has been withdrawn and his pay has been re-fixed and
ordered to recover a sum of Rs.4,06,553/- from the
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pensionary benefits. Being aggrieved by the same, the
petitioner is before this Court.
3. The learned counsel for the petitioner submits that,
in view of the judgment of the Apex Court in the case of
STATE OF PUNJAB AND OTHERS vs. RAFIQ MASIH
reported in AIR 2015 SC 696, recovery from an
employee belonging to Class-III and IV services, that too
from retired employee, is impermissible.
4. It is also submitted that, in identical matter, this
Court, in W.P.No.48553/2016 disposed of on
06.11.2020, allowed the writ petition.
5. In view of the above, the following order is passed:
(i) The writ petition is allowed.
(ii) The order dated 23.11.2023 vide Annexure-C
is quashed.
(iii) The respondents are directed to pay a sum of
Rs.4,06,553/- along with interest @ 6% p.a.
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to the petitioner from the date of recovery till
the date of payment.
(iv) This exercise shall be completed within a
period of six months from the date of the
receipt of a copy of this order.
Sd/-
(H.T. NARENDRA PRASAD)
JUDGE
CM
